So I was curious how many other people Orlando had ever locked up for criminal chalking.

After they researched it, the best estimate they could come up with was … none.

I got the same response from Public Defender Bob Wesley, whose office is representing Osmar.

"I didn't even know it was a violation," Wesley said. "I mean, I can certainly understand if they are talking about graffiti or destroying public property. But that's not what we're talking about. We're talking about a guy using chalk to make his voice heard in a public area."

It doesn't matter what he was writing, said a spokeswoman for the mayor.

Sure, the law technically bans "advertising." (It was created decades ago to prohibit businesses from painting promotions on public property.) But the city has decided to define "advertising" as any writing designed to "portray and communicate a message."

Frankly, that sounds like horse hockey.

Under that definition, if you or your kids have ever scrawled anything from "10-cent lemonade" to "I love mom!" on a public sidewalk, you guys are criminal advertisers who should be locked up.

So why aren't you … or anyone else, for that matter?

Probably because the cops didn't see it, said Dyer spokeswoman Heather Fagan.

Really? I responded. You're telling me that, with patrolmen canvassing the entire city, no cop has ever seen another human being using chalk on a sidewalk?

Well, Fagan said, cops may have seen it but gave the criminal chalkers the chance to stop.

Osmar ignored those warnings. So he was arrested for using his chalk Dec. 16 for a message about liberty — and then again Dec. 23 for writing: "All I want for Christmas is a revolution."